Privacy Policy and Terms of Service

      BYPASS MOBILE, LLC
      PRIVACY POLICY
      (REVISED MARCH 2011)

Bypass Mobile, LLC, a Texas limited liability company (“Bypass," “our,” “us,” or "we") respects your privacy. In that regard, we have created this Privacy Policy to let you know what information we collect when you use our proprietary service (the “Service”), whether through our smart phone application (the “Application”) or such other features, websites or applications offered from time to time, why we collect it, and how it is used. By using the Service or the Application, you consent to the data practices prescribed in this Privacy Policy. This Privacy Policy governs the privacy guidelines for Bypass’s website at www.bypasslane.com (the "Website").

What information does Bypass collect?

"Personal Information" means any information that may be used to identify an individual, including, but not limited to, first and last name, home or other physical address, an email address, phone number, or other contact information, whether at work or at home, age information, credit or debit card information. We may ask you to provide Personal Information that will enable us to enhance your use of the Service or the Application, or for purposes such as facilitating correspondence with you, registering your entitlement to access certain special features, or to complete transactions. It is always your choice whether or not to provide that Personal Information. If you choose not to provide requested Personal Information, you may not be able to use certain features of the Application or the Service.

Technical Information. We may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Application. We may also automatically receive and record information on our server logs from your browser, which could include your IP address, cookie information, browser information, and the page you request. This information is not deemed by Bypass to constitute Personal Information and while Bypass will not use it in a way that associates such information with you, such information it may be aggregated and used. Bypass owns this information and may use it in any manner it deems appropriate.

Location Based Information. You also acknowledge and agree that Bypass may collect location-based data from you through the Service. Bypass may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you. Bypass may also sell aggregated Location Based Information regarding its users, but not in a manner in which the recipient will be able to identify you personally.

How does Bypass use Personal Information and Location Based Information?

The Personal Information and Location Based Information that you provide will be kept confidential. It will be used to process transactions and to support your relationship with Bypass and use our products and services. Among other things, we want to help you quickly find information through our Service, leverage our tools in connection with your authorized use of our products and services, and alert you to product upgrades, special offers, updated information and other new products and services from Bypass.

Sharing of Personal Information and Location Based Information

Except as set forth herein or in any applicable End User Agreement Bypass does not rent, sell or share Personal Information or Location Based Information it collects about you to or with third parties, and Personal Information and Location Based Information collected from you is only used to provide you with Bypass products and services and to comply with any requirements of law.

Agents or contractors of Bypass may have access to your Personal Information and Location Based Information on a need to know basis for the purpose of performing services on behalf of Bypass. All such agents or contractors who have access to such information are required to keep the information confidential and not use it for any other purpose than to carry out the services they are performing for Bypass or as otherwise required by law. We internally audit our business practices and procedures, examining confidentiality standards and information access in order to protect your Personal Information and Location Based Information.

Bypass or its agents or contractors may disclose Personal Information or Location Based Information if required to do so by law or in the good faith belief that such action is necessary to: (1) conform to the edicts of the law or comply with legal process; (2) protect and defend the rights or property of Bypass or its agents or contractors; or (3) act in urgent circumstances to protect the personal safety of users of the Application, the Services or the public.

Finally, if Bypass should ever merge with another organization, file for bankruptcy, or sell our assets, we may transfer the information you provide to us on through the Application or the Service to a third party or share your Personal Information and Location Based Information to the company with which we enter into such transaction as a part of such transaction.

Security of Your Information

We maintain physical, electronic, and procedural safeguards designed to protect Personal Information and Location Based Information.

Our system is also designed to protect Personal Information and Location Based Information from unauthorized usage on shared computers in that users are required to log in through Bypass’s applications.

Please keep in mind that whenever you voluntarily disclose Personal Information or Location Based Information on our message boards or other public forums or features or through e-mail, or in chat areas, that information can be collected and used by others. In short, by posting Personal Information online that is publicly accessible, you may receive unsolicited messages from other parties in return or make others aware of your location. We are not responsible for the security or privacy of any Personal Information or Location Based Information you choose to submit in connection with these public features.

We may send an email to you at the email address you have provided to us in the event of a security breach. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice) you should notify us at info@bypasslane.com.

Third-Party Websites, Services and Technologies

Please be aware that other websites and services, including the websites of third parties that you connect with through our Service or Application, may collect personally identifiable information about you. This Privacy Policy does not cover the information practices of those third-party websites, services or applications. Further, our Application or Service may employ third party technologies that require you to accept such third party’s terms. This Privacy Policy does not cover the information practices of those third-party technologies.

Additionally, certain Personal Information or Location Based Information may be made available to third party developers using our Application Programming Interface (“API”) if you use third party applications developed by such third party developers. Use of third party applications developed using our API are subject to the terms of use and privacy policies of such third party developers.

International Transfers

Personal Information and Location Based Information collected through the Service or the Application may be stored and processed in the United States or any other country in which Bypass or its affiliates, subsidiaries, agents or contractors maintain facilities, and by using the Service or the Application, you consent to any such transfer of information outside of your country.

Your Consent to this Privacy Policy

By using the Service or the Application, you agree to this Privacy Policy. This is our entire and exclusive Privacy Policy and it supersedes any earlier version.

We may change this Privacy Policy by posting a new version of this Privacy Policy on our Website or through the Service or the Application, and it is your responsibility to review this policy periodically. When we do change the policy, we will also revise the "last updated" date at the Privacy Policy and may notify you or post a message on the Website and/or through the Service or the Application. Your continued use of the Website, the Service or the Application constitutes your agreement to this Privacy Policy and any updates. 



      Bypass Mobile, LLC
      END USER LICENSE AGREEMENT FOR IPHONE APPLICATION
      (REVISED MARCH 2011)

Background. Bypass Mobile, LLC, a Texas limited liability company ("Bypass," “our,” “us,” or "we") provides a proprietary service (the “Service”) centered around and including without limitation a smartphone application (the “Application”) [and the website bypasslane.com (the “Website”). You (“you” or “User”) wish to gain access to and use the Service.

Acceptance. This end user license agreement ("Agreement") sets forth the legally binding terms for use of the Service. By clicking the “I AGREE” box at the end of this Agreement, installing the Application, logging into the Website or using the Service, you agree, effective as of such date (the “Effective Date”) to be bound by this Agreement. Our privacy policy (“Privacy Policy”) is hereby incorporated by reference into this Agreement. You agree to our Privacy Policy and consent to the practices concerning data collection, transmission and use set forth therein.

You are only authorized to use the Service if you agree to abide by all applicable laws and this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should not install the Application, and discontinue use of the Application and the Service immediately.

Representations About You. You represent and warrant that (i) you are 13 years of age or older (and that if you are 13 or older but under the age of 18, you are under the supervision of a parent or legal guardian who agrees to be bound hereby); (ii) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (iii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Representations About Your Information. You represent and warrant that all information that you provide in connection with the Application or the Service will be current, true, accurate, supportable and complete.

Consent to Receive Commercial E-mail. YOU CONSENT TO RECEIVE COMMERCIAL E-MAIL MESSAGES FROM OR ON BEHALF OF BYPASS AND OUR PARTNERS, AND ACKNOWLEDGE AND AGREE THAT YOUR PRIMARY EMAIL ADDRESSES AND OTHER INFORMATION MAY BE USED BY BYPASS FOR THE PURPOSE OF INITIATING COMMERCIAL E-MAIL MESSAGES.

License Terms with Respect to the Application. The Application is licensed, not sold, to you. Bypass reserves all rights in and to the Application not expressly granted to you under this Agreement. This license granted to you for the Application is limited to a nontransferable license to use the Application on any smart-phone that you own or control and as permitted by the Usage Rules set forth in Apple, Inc.’s App Store Terms and Conditions or comparable usage rules of any other applicable app marketplace (the “Usage Rules”).

Restrictions on Use of the Application. This license does not allow you to use the Application on any device that you do not own or control, and you may not distribute or make the Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute, or sublicense the Application. You may not copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Application). Any attempt to do so is a violation of the rights of Bypass and its licensors. If you breach this restriction, you may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by Bypass that replace and/or supplement the original Application, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.

Acknowledgement Regarding SMS Messages and Push Notifications. To the extent the Application enables you to send or receive SMS messages, the standard text messaging rates or other carrier charges may apply to such use. Further, you acknowledge and agree that you may receive push notifications through the Application and/or the Service.

Third-Party Products and Services. You acknowledge and agree that the Application and the Service are tools that enable you to make purchases and/or enter into transactions with third party vendors and that Bypass is not a party to such transactions. Bypass is not responsible for examining or evaluating the quality, or any other aspect of such products or services and will not have any liability or responsibility to you or any other person therefor.

Restrictions on Use of the Services. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity. You further agree that you will not use the Services in any manner to violate the rights of any other party or any law, and that Bypass is not in any way responsible for any such use by you.

Limitations on Availability. Some Services are not available in all languages or in all countries. Bypass makes no representation that such Services are appropriate or available for use in any particular location. Use of the Services is void where prohibited. To the extent you choose to access such Services, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws.

Termination. The Agreement is effective until terminated by you or Bypass. Your rights under this Agreement will terminate automatically without notice from Bypass if you fail to comply with any term(s) of this Agreement. Upon termination of the Agreement, you shall cease all use of the Application and destroy all copies, full or partial, of the Application. You acknowledge that Bypass may refuse to enroll you in the Service, and may restrict, modify, or terminate your membership, without liability, for its convenience, if you violate this Agreement or any law, rule, or regulation. In no event will Bypass be liable for the removal or disabling of access to any such Services. Bypass may also impose limits on the use or access to certain Services, in any case and without notice or liability.

Acknowledgements Regarding Apple, Inc. and Other App Marketplace Hosts. You acknowledge that this Agreement is between you and Bypass, and that neither Apple, Inc. nor any other sponsor or provider of any app marketplace is a party hereto, or has any responsibility for the Application. You acknowledge that such parties have no obligation whatsoever to furnish any maintenance and support services with respect to the Application or for addressing any claims relating to the Application or your possession and/or use of the Application, including, but not limited to (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You further acknowledge that such third parties have no responsibility for the investigation, defense, settlement or discharge of any third party intellectual property claims that the Application or your use thereof infringes intellectual property rights. Apple, Inc. and Apple’s subsidiaries, and the sponsors or providers of any other applicable app marketplaces, are third party beneficiaries of this Agreement. Upon your acceptance of the terms and conditions of this Agreement, such third parties will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary hereof.

Disclaimer of Warranty. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND BYPASS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT THERETO, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. BYPASS DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICE, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR PROVIDED BY THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY BYPASS OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. YOU ACKNOWLEDGE AND AGREE THAT NEITHER APPLE NOR ANY OTHER SPONSOR OR PROVIDER OF ANY APP MARKETPLACE MAKE ANY WARRANTIES WHATSOEVER HEREUNDER, AND HAS NO WARRANTY OBLIGATIONS WITH RESPECT TO THE APPLICATION.

Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL BYPASS BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF BYPASS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Bypass’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of ten dollars ($10.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

Export and Other Restrictions. You may not use or otherwise export or re-export the Service except as authorized by United States law and the laws of the jurisdiction in which the Services was accessed or obtained. In particular, but without limitation, the Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law.

The Application and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.

Modifications. We may modify the terms of this Agreement from time to time. Any such modification shall be effective when we notify you of the modification (via an update to the terms delivered through the Application or the Website) and you subsequently use the Service or the Application.

Supplemental Terms. To enjoy certain aspects of the Service, additional terms may apply. We will present supplemental terms and conditions for review and acceptance at the time that you undertake such activity within the Service, and any such supplemental terms (each, “Supplemental Terms”) shall become a part of this Agreement. You hereby further acknowledge and agree that in the event of any conflict between the terms hereof and any Supplemental Terms, the Supplemental Terms shall govern with respect to the matters contemplated thereby.

Miscellaneous. The laws of the State of Texas, excluding its conflicts of law rules, govern this license and your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws. This Agreement constitutes the entire agreement between you and Bypass regarding the Service. The failure of Bypass to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. “Bypass” and all associated logos displayed within the Service are trademarks of Bypass. This Agreement operates to the fullest extent permissible by law. Bypass may freely transfer or assign this Agreement and any of its rights or obligations hereunder. You may not transfer or assign this Agreement or any of your rights or obligations hereunder without the prior written consent of Bypass, and any attempt to do so shall be null and void. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.